Robins v. Gould
New York Supreme Court
Motion for allowance in addition to costs, as a condition for permitting plaintiff to discontinue. The action was in the main similar to those of Chatterton v. Fisk (p. 88 of this vol.), and Mills v. Gould (p. 93). I. It is constant practice to grant an allowance upon a discontinuance, when it appears that large expenses have been incurred before trial. In Troxell v. Haynes (Common Pleas, 1875), Judge Robinson granted the full allowance of five per cent, on a discontinuance.
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Motion for allowance in addition to costs, as a condition for permitting plaintiff to discontinue. The action was in the main similar to those of Chatterton v. Fisk (p. 88 of this vol.), and Mills v. Gould (p. 93). I. It is constant practice to grant an allowance upon a discontinuance, when it appears that large expenses have been incurred before trial. In Troxell v. Haynes (Common Pleas, 1875), Judge Robinson granted the full allowance of five per cent, on a discontinuance. In Zaun v. Phillips (Superior Court, Jan. 14, 1875), an allowance was granted by Sanford, J., on a discontinuance, the…
1Opinion of the CourtBarrett, J.
I have no doubt that this case was an extraordinary and difficult one within the meaning of the Code. If the issues were at all similar to those in Taylor against the same defendant (tried before me two months since), the questions of law and fact were delicate and complicated. It certainly was not an ordinary action for breach of contract. The plaintiff, on the proofs contained in Mr. Shearman’s affidavit, is fairly entitled to a moderate allowance, and I think that, considering the amount involved, and the labor and expense stated, $500 would be but reasonable.
2Cited by3 opinions
- Weiss v. MorrellNew York Court of Common Pleas · 1894
- Ehlers v. WillisNew York Marine Court · 1882
- People ex rel. Morgan v. Board of SupervisorsNew York Supreme Court · 1891